Today, Judge Cannon granted an emergency motion to block the release of Volume II of the Jack Smith report to ranking members of Congress. One lingering question I have had for some time is why Attorney General Garland wanted to transmit the report to congressional leaders. Judge Cannon explains that the government could not identify any reason:
With respect to the Department's assertion of congressional interest in Volume II, there has been no subpoena by Congress for review or release of Volume II. There is no record of an official request by members of Congress for in camera review of Volume II as proposed by the Department in this case. There is, however, a recent letter by some of those same members urging Attorney General Garland to release Volume II to the public immediately, even if doing so requires dismissal of the charges as to Defendants Nauta and De Oliveira. Finally, although the Department refers generally to "legislative interest" concerning special counsels as a basis to deny Defendants' Emergency Motion as to Volume II [ECF No. 703 p. 3 n.2], the Department has identified no pending legislation on the subject or any legislative activity that could be aided, even indirectly, by dissemination of Volume II to the four specified members whom the Department believes should review Volume II now.
At most, the government implied that Attorney General Garland wanted to transmit the report before his term concluded:
